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EISENBERG v. EAST MEADOW UNION FREE SCHOOL DISTRICT

291 A.D.2d 477 (2002)

739 N.Y.S.2d 390

MARK EISENBERG, Individually and as Father and Natural Guardian of LAUREN EISENBERG, an Infant, Respondent, v. EAST MEADOW UNION FREE SCHOOL DISTRICT, Defendant, and VALLEY STREAM CENTRAL SCHOOL DISTRICT, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 19, 2002.

Ordered that the order is reversed, on the law, with costs, that branch of the plaintiffs' motion pursuant to CPLR 4404 which was to set aside the jury verdict in its favor as against the weight of the evidence is denied, and the verdict is reinstated.

This action arises from an accident which occurred on May 19, 1993, in the gymnasium of Valley Stream South High School (hereinafter Valley Stream). The plaintiff Lauren Eisenberg (hereinafter the plaintiff) allegedly...

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